Terms of Use – MyGembus App

Use of this MyGembus App ("the App" or "MyGembus App") constitutes your acceptance of these Terms of Use ("Terms"). These Terms form a binding agreement between you ("User") and YC Capital Sdn Bhd including its subsidiaries ("we", "us", "our" "Company" "YC Capital Group") governing your access to and use of the App. By downloading, installing, accessing, using, or communicating with us via the App, you are deemed to have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must uninstall and discontinue use of the App immediately.

1. User-Provided Information

You must be at least 18 years old or have the consent of a legal guardian to use the MyGembus App. You agree that any information you submit or provide, including but not limited to personal data, delivery details, feedback, ratings, reviews, or other content ("User Information") is accurate, current, and complete. You shall keep your login credentials confidential and shall be solely responsible for all activities that occur under your account.

You further represent and warrant that:

You acknowledge and agree that:

YC Capital Group disclaims any liability arising from the accuracy, reliability, or legality of any User Information posted or submitted by users.

2. Services Provided

MyGembus App enables Users to:

The availability of services may vary depending on location and merchant operating hours.

3. Orders and Payments

A. Placing Orders

By placing an order through the App, you confirm that all information provided (including delivery address and contact details) is accurate and complete. Once your order is submitted and payment is successfully processed, your order will be deemed confirmed and will be prepared by the respective outlet.

B. Order Preparation

All food and beverage items offered on this App are prepared, fulfilled, and delivered (where applicable) by our own outlets. YC manages the full process — from order placement and payment processing to order fulfillment and customer service — to ensure a consistent and high-quality customer experience.

C. Pricing and Charges

All prices displayed in the App are determined by YC and are inclusive of any applicable taxes and service charges, unless otherwise stated. Delivery fees, if applicable, will be clearly indicated at checkout. Prices are subject to change without prior notice.

D. Payment Terms

Full payment must be made at the time of placing the order via the payment methods available in the App. Payments are processed through secure third-party payment gateways integrated into the App. By proceeding with payment, you agree to their terms of service. YC Capital Group does not store full payment card details and disclaims liability for any issues arising from third-party payment processors, except where caused by our own negligence or willful misconduct.

E. Order Confirmation

Upon successful payment, an order confirmation and receipt will be issued via the App and/or to your registered email address. This confirmation serves as proof of transaction and should be retained for reference. If your payment method is declined, or if the transaction cannot be processed, your order will not be confirmed. You are responsible for ensuring that your payment details are valid and up to date.

F. Cancellation and Refunds

Orders cannot be cancelled or modified once confirmed, except where the outlet is unable to fulfill the order due to stock unavailability, outlet closure, or technical error. Any request for refund or redelivery must be submitted through the App’s customer support feature and will be considered on a case-by-case basis in accordance with our refund policy. YC Capital Group reserves the right to cancel or refuse any order in the event of suspected fraud, system error, or breach of these Terms.

G. Promotions and Discounts

Promotional offers, coupons, or discounts may be subject to specific terms and conditions and may be withdrawn at any time without prior notice. Misuse of promotional codes may result in suspension of your account or cancellation of your order.

H. Illegal transaction

YC Capital Group has the absolute right to refuse and/or suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

5. Users Conduct

You agree:

YC Capital Group reserves the right to suspend or terminate access for any user violating these Terms.

6. Intellectual Property

Ownership: This App, including its design, layout, content, software, source code, trademarks, logos, trade names, service marks, images, videos, menu content, product descriptions, and all other intellectual property rights therein (collectively, "Intellectual Property"), are owned, controlled, or licensed by YC Capital Group.

Limited Licence: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App solely for personal, non-commercial purposes. Nothing in these Terms shall be construed as granting you any rights, title, or interest in or to any of YC Capital Group’s Intellectual Property except as expressly provided herein.

Restrictions: You shall not, without our prior written consent:

User Content: By submitting any content (including feedback, reviews, images, or suggestions) to the Company through the App, you hereby grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, adapt, modify, publish, translate, display, and distribute such content in connection with the operation, marketing, and improvement of the App or the Company’s business, subject to applicable privacy laws.

Infringement: If you believe that any content in the App infringes your or other third party IP rights, please contact our customer service at mygembus@agpg.com.my with sufficient details of the alleged infringement. YC Capital Group will investigate and take appropriate action where necessary.

6. No Warranty

This App, including all content, features, services, and functionalities provided herein, is provided on an "as is" and "as available" basis. YC Capital Group make no representations or warranties of any kind, express or implied, in connection with the App or its contents, including but not limited to:

To the fullest extent permitted by applicable law, YC Capital Group expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7. Indemnity

You agree to indemnify and hold harmless YC Capital Sdn Bhd and its affiliates from and against any claims, actions, demands, losses, liabilities, damages, costs, or expenses (including legal fees) arising out of or relating to your use of the MyGembus App, your violation of these Terms, or your breach of any rights of a third party.

8. Anti Money Laundering (AMLA)

YC Capital Sdn Bhd and its subsidiaries ("YC") are committed to full compliance with all applicable laws and regulations in Malaysia relating to anti-money laundering, counter-terrorism financing, and the prevention of unlawful activities, including the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Accordingly, by using this MyGembus App, you acknowledge and agree to use the App and its services only for lawful purposes and shall not engage in or attempt to engage in any transaction involving the proceeds of unlawful activities, including but not limited to fraud, terrorism financing, drug trafficking, corruption, or other criminal conduct. YC Capital Group reserves the right to request identification documents or verify your identity where necessary to comply with its obligations under AMLA or any directive issued by the relevant authorities. Failure to provide such information may result in suspension or termination of your access to the App. YC Capital Group may monitor transactions conducted through the App for suspicious activity. In the event any such activity is detected or suspected, the Company reserves the right to:

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any disputes, claims, or proceedings arising out of or relating to the use of the App shall be subject to the exclusive jurisdiction of the courts of Malaysia.

10. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable under applicable law, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

11. Waiver

No failure or delay by YC Capital Group in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. Any waiver must be expressly given in writing.

12. Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from the Company. YC Capital Group may assign or transfer its rights and obligations under these Terms without restriction and without prior notice to you.

13. Force Majeure

YC Capital Group shall not be held liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, war, civil unrest, strikes, pandemics, telecommunications failures, or power outages.

14. Relationship

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.

15. Updates

The Company reserves the right to change or modify these Terms of Use including the terms and condition at any time at its sole discretion. Continued use of the MyGembus App following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

For any inquiries or requests, please contact us at:
Email: mygembus@agpg.com.my
Telephone: 03-27792000